The team at Dodson Parker Behm & Capparella, PC shares updates and thoughts on developments in the law.

COVID-19’s Impact on Contract Disputes

What happens when an extreme, unanticipated event occurs that undermines or frustrates the purpose of a contract? Are the parties still bound by the contract, or are they relieved of their obligations? The COVID-19 pandemic has raised these and countless other questions. The answers are not clear. However, there are three legal concepts that help shed light on the situation. Here’s what...

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Auto Insurance Statutes Unclear Where Rentals are Concerned

Renting a car can be complicated.  Unwinding the insurance issues when a rental in involved in an accident requires untangling the intersection of state and federal law. A new Tennessee Supreme Court ruling gives some guidance. Tennessee’s Financial Responsibility statutes, Tenn. Code Ann. § 55-12-101 et seq., mandate that Tennessee motorists have auto insurance.  Specifically, a Tennessee...

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Injured Patron Can’t Sue; Membership Agreement Waived Right

An exculpatory clause waives the right to sue.  A recent Court of Appeals case shows that it the waiver can be far broader than you may realize.  Case  Sandra Gibson v. Young Men’s Christian Association of Middle Tennessee Background Plaintiff Sandra Young fell after she tripped on an allegedly uneven or cracked sidewalk just outside the entrance of her local YMCA where she was a member.  Ms....

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Legal Malpractice Case Reinstated; “Savings Statute” Applies to Tolling Agreement

The Tennessee Supreme Court recently issued its opinion in Circle C Construction, LLC. v.  D. Sean Nilsen, resulting in the reinstatement of a professional negligence case against a law firm (commonly referred to as a “malpractice” claim).  The question in the case was whether a tolling agreement regarding the filing of suit precluded the later use of the “savings...

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